SBA Proposed Rule Changes and How They Will Impact Government Contractors

Presented by Megan Connor and Peter Ford .   Click here  to view the recorded session.   In the last year, the Small Business Administration (“SBA”) has issued a number of proposed rules that could have far-reaching impacts on small business government contractors. These include the long-awaited rulemaking implementing the new five-year receipts calculation, inflationary adjustments for receipts-based size standards, and clarifications on the limitations on subcontracting rule. SBA has also proposed major changes to the HUBZone, WOSB/EDWOSB, and 8(a) Programs. Join Megan Connor and . . . Read More

Everything You Need to Know about SBA’s Manufacturer and Non-Manufacturer Rules

Presented by Jon Williams and Timothy Valley.   Click here to view the recorded session.   To Manufacture or Non-Manufacture? That is the question answered by this webinar, which focuses on how to qualify as a small business manufacturer or nonmanufacturer for set-aside contracts. The Small Business Administration (“SBA”) has specific rules detailing what it takes to qualify as a small business manufacturer or as a so-called “nonmanufacturer.” Jon Williams and Tim Valley, members of PilieroMazza ’s Government Contracts Group , discuss: SBA’s manufacturer and non-manufacturer rules, waivers . . . Read More

SBA to Increase Size Standards with Inflationary Adjustment

Tomorrow, SBA will issue an interim final rule increasing the receipts-based size standards for inflation. An unpublished version of the rule is available here .  The change should be effective August 17, 2019, 30 days after the scheduled publication of the rulemaking.  Comments to the rule are due September 16, 2019.  For government contractors whose status changes in the System for Award Management (“SAM”) from “other than small” to “small,” as a result of the inflation adjustment, SBA advises that the . . . Read More

SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018.  SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA.  “Nevertheless,” SBA says, . . . Read More

BLOG: SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited  proposed rule  changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018. SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA. “Nevertheless,” SBA says, . . . Read More

BLOG: SBA Proposes to Implement Certification Requirement for WOSB/EDWOSBs and Revise Economic Disadvantage Criteria for 8(a) Eligibility

A few years ago, we  wrote  about how through the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. On May 14, 2019, SBA issued the  proposed rule  which, if finalized, would implement a certification requirement for WOSBs and EDWOSBs.  In this proposed rule, SBA has also proposed revising the economic disadvantage criteria for 8(a) companies, particularly for initial eligibility purposes, and to make these consistent between the 8(a) and EDWOSB programs.      WOSB/EDWOSB . . . Read More

BLOG: SBA Adopts New Size Standard Methodology and Says Updates to Size Standards Coming in “Near Future”

Earlier this month, SBA published its  final rule  adopting a revised size standards methodology. My colleagues,  Jon Williams  and Tim Valley, previously described the proposed changes to the methodology in a  blog  last year. The final methodology white paper adopts all the changes SBA proposed with minor revisions. SBA is moving from an “anchor” approach to a “percentile” approach. Under the anchor approach, SBA generally evaluated the characteristics of individual industries relative to the average characteristics of industries with an anchor size standard ($7.5 million and . . . Read More